CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/00150/11602
Appeal No. CIC/SG/A/2011/00150
Relevant Facts
emerging from the Appeal
Appellant : Mr. Krishna Kumar Mantri,
Neelamber Vihar,
Block – I, Flat No. 137,
40, Dum Dum Road, Kolkata – 700074,
West Bengal.
Respondent : Mr. Anil Sirohi
Public Information Officer & VATO,
Govt. of NCT of Delhi,
Department of Trade & Taxes,
O/o The Value Added Tax Officer Ward 80/82,
Vyapar Bhawan, I.P. Estate,
New Delhi -110002.
RTI application filed on : 15-09-2010
PIO replied : 19-10-2010
First appeal filed on : 31-10-2010
First Appellate Authority order : 29-11-2010
Second Appeal received on : 13-01-2011
Information sought:- The appellant stated that on 20/08/2010 the PlO / VATO Ward 80-82 of
Department of Trade & Taxes, Delhi has submitted in course of hearing before Sri S. A. Awaradi, the Ist
Appellate Authority! Special Commissioner as referred in order no. F.No. VI
(115)/T&T/2010/RTI/46/SplCTTll /589 dated 25/08/2010 that Further he (PlO) sated that apart of the
information is denied on the basis that matter is under investigation in a criminal case as per the records
available.’ In view of aforesaid submission please provide information / records documents as under:
1. Please specify the criminal case under investigation as stated in the afore said
Ist Appellate Order no. F.No. VI (1 18)IT&T/20101RT1/461SpICTTII /589 dated
25/08/2010 as submitted by the PlO – Ward 80-82 of Department of Trade & Taxes Delhi in
course of hearing.
2. Please provide information / records from which the PlO -Ward 80-82 of
Department of Trade & Taxes. Delhi came to know that the matter is under investigation in
a criminal case as mentioned in the afore said 1″ Appellate Order no. F.No. VI
(118)/T&T/2010/RT1/46/SpICTTII/1589 dated 25/0812010 submitted by the PlO -Ward
80/82 of Department of Trade & Taxes, Delhi.
3. Please provide information / records! documents in respect of the matter under investigation in
criminal case is means I concerned with CR no. 09 of 2008 of the Court of the Learned 13″‘
Metropolitan Magistrate, Sank Shall Court, Calcutta arising from FIR no.3 dated 03/01/2008 of
Posta Police Station, Calcutta (Kolkata).
The PIO replied.
“The requisite information is as under 7(1), 7(2) & 7(3) the information can not be provided as per
section 8(1) (h) of the RTI Act, 2005, the information has also been provided on 22-07-2010 in reference
to your RTI dated 29-09-2010”.
Grounds for the First Appeal:
Appellant is not satisfied with the reply.
Order of the First Appellate Authority (FAA):
“PlO states that the reply has been sent to the appellant vide his letter No.5784 dated 19.10.20 10
informing him that the information sought cannot be given to him as it is exempted u/s 8 (I) (h) of the RTI
Act, 2005. It is further stated by the PlO / VATO ( Ward No.80 / 82 ) that in response to his letter
addressed to concerned authorities i.e Commercial Tax Department of Govt.of West Bengal. the PlO has
received that the information should not be given as it hampers / interferes in the criminal investigation
process initiating. Therefore under such circumstances the information sought by the appellant can not be
furnished”.
Grounds for the Second Appeal:
Appellant is not satisfied with the PIO’s reply and FAA order.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Krishna Kumar Mantri;
Respondent: Mr. Anil Sirohi, Public Information Officer & VATO (W-80/82);
The PIO has given certain information and has brought the file with him. The Appellant states his
information need would be met if he is given photocopy of the four letter which are in the file. The
Respondent has provided copies of the four letters to the Appellant before the Commission. The Appellant
has sought to know the number of the case in connection with which the PIO had refused to give
information claiming exemption under Section 8(1)(h) of the RTI Act. The PIO states he does not know
the case number of but this. His claim for exemption was based on the letters received by him from the
office of the Sr. Joint Commissioner, Govt. of West Bengal, Sales Tax, Central Section, 14 Bellaghata
Road, Kolkata, West Bengal in which it was stated “series of preventive proceedings under the West
Bengal VAT Act and Criminal prosecution under IPC had been initiated against Mr. Krishan Kumar
Mantri.”.
Decision:
The Appeal is allowed.
The information has been provided.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
22 March 2011
(In any correspondence on this decision, mention the complete decision number.)(BK)
